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Precept under Code of Civil Procedure

Precept in simple terms means a command, instruction, or
order intended as an authoritative rule of

action.

In legal terms, Precept means ‘a legal direction by one
court to another court.”

The Precept Order is normally issued by one court, while
executing a decree, to another court of other area to attach the property of
the judgment debtor situate in that area.

In other words, if a property to be attached is situate in
the area of another court’s territorial jurisdiction, then the court which
passed the decree can issue a precept order to that court to attach that
property of the judgment debtor.

Every court has its jurisdiction within the limits of its
territorial area and not beyond that. Therefore the court which passed the
decree shall have power to issue such Precept order to another court to attach
the property of the judgment debtor property which situate within its
territorial jurisdiction.

The provision of precept has been provided u/s. 46 of the
Code of Civil Procedure, 1908. Section 46 of the Code of Civil Procedure, 1908
reads as:

“(1) Upon the
application of the decree-holder the Court which passed the decree may,
whenever it thinks fit, issue a precept to any other Court which would be
competent to execute such decree to attach any property belonging to the
judgment-debtor and specified in the precept.

(2) The Court to which
a precept is sent shall proceed to attach the property in the manner prescribed
in regard to the attachment of property in execution of a decree:

Provided that no
attachment under a precept shall continue for more than two months unless the
period of attachment is extended by an order of the Court which passed the
decree or unless before the determination of such attachment the decree has
been transferred to the Court by which the attachment has been made and the
decree-holder has applied for an order for the sale of such property.”

A precept is not an Execution petition. It is only intended
to enable the Decree holder to obtain an interim attachment when it is
apprehended that he would be deprived of the fruits of the decree. It is a
request, by the court, which passed the decree to another court by which
attachment has been made. The attachment in pursuance of a precept is limited to
two months unless it is extended further. The Decree holder necessarily files
an execution petition in the court, which has attached the property for sale of
the property. Every application for issue of a precept shall be in the form of
an interlocutory application by assigning proper reasons.